Pubdate: Sun, 22 Feb 2015
Source: Fairbanks Daily News-Miner (AK)
Copyright: 2015 Fairbanks Publishing Company, Inc.
Contact:  http://newsminer.com/
Details: http://www.mapinc.org/media/764
Author: Matt Buxton

STATE HAS MORE THAN A YEAR TO ISSUE COMMERCIAL POT LICENSES

JUNEAU - Legalized marijuana could become a flowering industry in 
Alaska, but for any business considering to cash in on Tuesday by 
selling pot or even hosting a public bring-your-own-bud party, state 
officials, lawmakers and marijuana legalization advocates have one 
thing to say:

Not yet.

What Ballot Measure 2, the state's new marijuana law approved in 
November, does effective Tuesday is to legalize possession of up to 
one ounce of marijuana by a person 21 or older outside the home and 
allow a person to grow up to six plants at home. But it'll take more 
than a year for marijuana commercialization, authorized in the same 
ballot measure, to get the green light.

Measure 2 gave the state more than a year to begin permitting and 
licensing marijuana growers, businesses and events. Until then, 
making money off marijuana could bring you trouble, said Alcoholic 
Beverage Control Board Executive Director Cynthia Franklin.

"When they talk about having a pot stock - like Woodstock - where 
they're clearly anticipating people smoking pot or having more than 
one ounce, they're going to be pretty quickly running afoul of the 
law," she said. "Whether that's objected to or enforced is going to 
depend on the jurisdiction."

One of the biggest risks, Franklin said, will be the fact consuming 
marijuana in public is still a crime, with a $100 fine. The 
definition the ABC Board could adopt by regulation during an 
emergency meeting at 7 a.m. Tuesday would cover any businesses the 
public can access, bars and restaurants included.

Additionally, the Legislature is considering a bill that would remove 
marijuana from the state's list of controlled substances. But until 
that passes, people could face more serious penalties for having 
marijuana in quantities greater than one ounce.

Franklin said an easy way to know if you're on the right side of the 
law or not is to consider whether or not the activity would require a 
license or a permit if it were for alcohol instead of marijuana. 
That's because Measure 2 sought to legalize and regulate marijuana 
like alcohol.

If the activity would require a license or permit, "then you can 
guarantee it's out of bounds," she said.

All public events that feature alcohol currently require ABC approval 
to ensure proper security is in place, and bars must have liquor 
licenses. A bring-your-own-marijuana party now would be similar to an 
illegal bottle club, Franklin said.

But a private get-together among friends doesn't require an ABC 
permit, and that would be the case with marijuana, she said.

Marijuana licenses or permits won't be available until the state and 
the Legislature produce the regulations for them.

"The act says we get to make those regulations and we're given time 
to do it," she said. "On Feb. 24, that's not the time for marijuana 
businesses and to officially invite public in and bring your own bud 
to any of these events."

Patience is the word

Pot-related events are showing up on calendars, like the "Mardi 
Grass" at the Blue Loon, which is owned by Rep. Adam Wool, 
D-Fairbanks. But the notice of the event has a bold disclaimer that 
"the Blue Loon is a non-smoking business all the time every day."

In an interview on Saturday, Wool said he's not going to let people 
smoke at the Blue Loon.

"I do a Mardi Gras party every year, but on this Tuesday, the Prop. 2 
ballot initiative becomes law, so I'm combining the two. It's Prop 
Tuesday and Fat Tuesday," he said. "Basically it's another 
opportunity for a party."

But it's a party without marijuana, Wool was careful to reiterate 
throughout the interview.

Wool said the Blue Loon would likely be interested in getting 
involved with the marijuana business if the regulations allow.

"I've had a lot of people asking me about it, but with everything up 
in the air, I just tell them to wait," he said.

And that's probably a good move, according to Franklin, who said not 
only could businesses and their patrons get in trouble with local law 
enforcement but also it won't look good if they want to later do 
things legitimately when the regulations do go into effect.

That's because licenses are likely to be awarded based on merit; 
businesses and potential business owners who have a good track record 
are more likely to gain approval.

"Anybody who's making up their own rules now is likely to be 
preventing themselves from getting a license later," she said.

Franklin also was candid about the public message it would send for 
businesses to begin selling marijuana early or start hosting big 
public parties. The Legislature, which has so far been eager to 
follow the intent of the initiative and allow a commercial marijuana 
industry to succeed, is still in session.

"With the Legislature in session, why in the world would the people 
who voted for this throw this in their faces?" she said. "My message 
is that all that's legal is that personal use and possession. Feb. 24 
is our start date, not our end date. So for all the rest of it, we 
will have to be patient."
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MAP posted-by: Jay Bergstrom